O. Reg. 325/18: PLACES OF CONSUMPTION

Made: April 18, 2018 Filed: April 24, 2018 Published on e-Laws: April 24, 2018 Printed in The Ontario Gazette: May 12, 2018

Places of Consumption

Definition

1. In this Regulation,

“electronic cigarette” means a vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth.

Restrictions on places of consumption

2. The following places are prescribed for the purposes of clause 11 (1) (d) of the Act:

1. A school within the meaning of the Education Act.

2. A building or the grounds surrounding the building of a private school within the meaning of the Education Act, where the private school is the only occupant of the premises, or the grounds annexed to a private school, where the private school is not the only occupant of the premises.

3. Any indoor common area in a condominium, apartment building or university or college residence, including elevators, hallways, parking garages, party or entertainment rooms, laundry facilities, lobbies and exercise areas, in the case of the consumption of cannabis by smoking or through the use of an electronic cigarette.

4. A child care centre within the meaning of the Child Care and Early Years Act, 2014.

5. A place where home child care is provided within the meaning of the Child Care and Early Years Act, 2014,

i. whether or not children are present, in the case of the consumption of cannabis by smoking or through the use of an electronic cigarette, or

ii. only when children are present, in the case of the consumption of cannabis in any other manner.

6. A place where an early years program or service is provided within the meaning of the Child Care and Early Years Act, 2014.

Exemptions for hotels, motels and inns

3. Subsection 11 (1) of the Act does not apply to a person who consumes cannabis in a guest room of a hotel, motel or inn, if,

(a) the person is a registered guest of the hotel, motel or inn, or is the invited guest of a registered guest;

(b) the guest room is designed primarily as sleeping accommodation; and

(c) in the case of the consumption of cannabis by smoking or through the use of an electronic cigarette, the guest room meets the conditions specified under paragraphs 3 to 5 of subsection 13 (2) of the Smoke-Free Ontario Act, 2017.

Exemptions for workplaces that are private dwellings

4. (1) Subject to subsection (2), subsection 11 (1) of the Act does not apply to a workplace that is primarily a private dwelling, which may include private self-contained living quarters in a multi-unit building or facility.

(2) Subsection (1) does not apply with respect to the consumption of cannabis by smoking or through the use of an electronic cigarette in a workplace in which a home health-care worker, as defined in subsection 16 (4) of the Smoke-Free Ontario Act, 2017, provides health-care services, if the home health-care worker has requested that the cannabis not be consumed in that manner in the home health-care worker’s presence while he or she is providing the services.

Exemptions for workplaces that are other types of residences

5. (1) Subsection 11 (1) of the Act does not apply to the consumption of cannabis by smoking or through the use of an electronic cigarette in any room in a workplace listed in paragraph 1 of subsection 13 (1) of the Smoke-Free Ontario Act, 2017, if the room meets the conditions listed in paragraphs 2 to 5 of subsection 13 (1) of that Act.

(2) In the case of the consumption of cannabis in a manner other than by smoking or through the use of an electronic cigarette, subsection 11 (1) of the Act does not apply to a workplace listed in paragraph 1 of subsection 13 (1) of the Smoke-Free Ontario Act, 2017.

Exemptions for hospices

6. (1) Subsection 11 (1) of the Act does not apply to the consumption of cannabis by smoking or through the use of an electronic cigarette in any room in a hospice to which subsection 13 (4) of the Smoke-Free Ontario Act, 2017
applies, if the room meets the conditions specified under paragraphs 2 to 5 of subsection 13 (1) of that Act.

(2) In the case of the consumption of cannabis in a manner other than by smoking or through the use of an electronic cigarette, subsection 11 (1) of the Act does not apply to a residential hospice that provides nursing care that is funded, directly or indirectly, through the Ministry of Health and Long-Term Care.

Restrictions on cannabis consumption for medical purposes, vehicles and boats

7. (1) This section applies for the purposes of subsection 11 (2) of the Act.

(2) In addition to any prohibitions or restrictions on consumption set out under the Smoke-Free Ontario Act, 2017, a medical cannabis user shall not consume cannabis for medical purposes,

(a) in a motorized snow vehicle or boat while it is being driven or is under the care or control of the medical cannabis user or any other person, in the case of the consumption of cannabis by smoking or through the use of an electronic cigarette; or

(b) in a vehicle or boat while it is being driven or is under the care or control of the medical cannabis user, in the case of the consumption of cannabis in any other manner.

(3) Subsection (2) applies in relation to a vehicle or boat regardless of whether or not it is in motion, subject to section 8.

Exemptions, vehicles and boats that are residences

8. (1) Subsection 11 (1) of the Act and section 7 of this Regulation do not apply with respect to the following:

1. A motor vehicle as defined in the Highway Traffic Act that is equipped with permanent sleeping accommodations and permanent cooking facilities, while it is parked in a place that is not a highway or a King’s Highway within the meaning of that Act and is being used as a residence.

2. A boat with permanent sleeping accommodations and permanent cooking and sanitary facilities, other than a boat used to carry passengers for hire, while the boat is at anchor or is secured to a dock or land and is being used as a residence.

(2) If a boat referred to in paragraph 2 of subsection (1) is secured to a dock or land to which the public is not ordinarily invited or permitted access, the exemption in that subsection is extended to the portion of the dock or land that is immediately adjacent to the boat, except at any time when the public is invited or permitted access to that portion of dock or land.

Commencement

9. This Regulation comes into force on the later of the day subsection 2 (1) of Schedule 1 (Cannabis Act, 2017) to the Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017 comes into force and the day it is filed.